Police Powers: Detention Of Suspects At Police Stations – Time Limits (Ss34–46 PACE; PACE Code C); Rights Of The Detained Person (S56 PACE; PACE Code C); Appropriate Adult (PACE Code C); Interviews (S60 And S60A PACE; PACE Codes E And F) (Copy)
1.2.4 Police Powers
Detention of Suspects at Police Stations – Time Limits, Rights, Appropriate Adult, Interviews
Introduction
- After arrest, suspects are usually taken to a designated police station where their detention is governed by the Police and Criminal Evidence Act 1984 (PACE) and accompanying Codes of Practice (particularly Code C, E, and F).
- These rules safeguard suspects’ liberty, dignity, and right to a fair trial while ensuring the police can conduct effective investigations.
- This section covers:
- Time limits on detention (ss.34–46 PACE; Code C).
- Rights of detained persons (s.56 PACE; Code C).
- Role of the appropriate adult (Code C).
- Rules on interviews (ss.60, 60A PACE; Codes E and F).
1. Time Limits on Detention (ss.34–46 PACE; Code C)
- Initial Detention
- Suspect must be taken to a designated police station as soon as practicable.
- On arrival, custody officer decides if detention is lawful and necessary.
- Maximum Period without Charge
- 24 hours: normal maximum detention without charge (s.41 PACE).
- 36 hours: extended detention permitted by superintendent if the offence is indictable and further detention necessary for investigation (s.42 PACE).
- Up to 96 hours: only possible with approval from a magistrates’ court (s.43–44 PACE).
- Terrorism Offences
- Different rules under Terrorism Act 2000: detention can be authorised up to 14 days with judicial approval.
- Periodic Reviews
- Detention must be reviewed:
- First review within 6 hours.
- Every 9 hours thereafter.
- Custody officer must decide whether continued detention is justified.
- Detention must be reviewed:
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
2. Rights of the Detained Person (s.56 PACE; Code C)
- Right to have someone informed of arrest (s.56 PACE)
- Suspect can ask for a relative, friend, or other named person to be informed of their detention.
- This right may be delayed (up to 36 hours) in indictable offences if it would interfere with the investigation (authorised by superintendent).
- Right to Legal Advice (s.58 PACE)
- Suspect has right to consult a solicitor, free of charge, at any time.
- Police must inform suspects of this right.
- Legal advice can only be delayed in exceptional cases involving indictable offences (e.g., risk of interference with evidence or witnesses).
- Right to Written Notice of Rights (Code C)
- Suspect must be given a “Notice of Rights and Entitlements” in clear language.
- Right to Adequate Conditions (Code C)
- Entitled to:
- Food and drink at regular intervals.
- 8 hours continuous rest in 24-hour period.
- Access to toilet and washing facilities.
- Medical treatment if required.
- Entitled to:
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
3. Appropriate Adult (PACE Code C)
- Definition
- An “appropriate adult” must be present to safeguard the rights of juveniles (under 18) and vulnerable adults (e.g., mentally ill, learning disabilities) during detention and questioning.
- Who Can Act as Appropriate Adult?
- Parent or guardian.
- Social worker.
- Trained volunteer.
- Cannot be a police officer or someone employed in law enforcement.
- Role of Appropriate Adult
- Ensure suspect understands their rights.
- Support communication between police and suspect.
- Ensure questioning is fair and not oppressive.
- Witness interviews and other procedures (e.g., signing statements).
- Case Example
- R v Aspinall (1999): Conviction quashed where mentally ill defendant interviewed without appropriate adult, violating PACE safeguards.
4. Interviews (ss.60, 60A PACE; Codes E and F)
- General Rules
- Interviews must be conducted fairly and without oppression (Code C, para 11).
- Suspect must be cautioned before questioning:
“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”
- Recording of Interviews
- Code E: Requires audio recording of interviews in police stations for indictable offences.
- Code F: Provides guidance on video recording.
- Ensures accuracy and prevents disputes about what was said.
- Right to Legal Advice
- Solicitor entitled to be present during interviews.
- Interview may be delayed briefly to await solicitor, unless exceptional circumstances exist.
- Special Protection for Vulnerable Suspects
- Interviews must not take place without appropriate adult for juveniles/vulnerable adults.
- Interviews must be conducted at reasonable hours and with breaks.
- Exclusion of Improperly Obtained Evidence
- Courts may exclude confessions obtained in breach of PACE under s.76 PACE (if obtained by oppression or unreliability).
- R v Samuel (1988): Denial of legal advice rendered confession inadmissible.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Evaluation
Strengths
- Clear statutory safeguards protect detainees’ rights.
- Regular review of detention prevents arbitrary detention.
- Legal advice and appropriate adult requirements ensure fairness in questioning.
- Audio/video recording increases transparency and accountability.
Weaknesses
- Delays to rights (informing family, accessing lawyer) may undermine protections.
- Vulnerable suspects sometimes questioned without adequate safeguards in practice.
- 96-hour detention (or 14 days in terrorism cases) criticised as excessive.
- Breaches of Codes C, E, F may occur without immediate consequence unless challenged in court.
Conclusion
- Detention under PACE 1984 represents a careful balance between effective policing and protection of individual liberty.
- Time limits, rights, appropriate adult safeguards, and strict interview rules prevent abuse and ensure fairness.
- While criticisms remain (particularly regarding delays to rights and extended detention in serious cases), the framework remains central to human rights compliance and due process in English criminal law.
Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course